NGOs support the Coalition’s declaration against the closure of Fundación Pachamama

Costa Rica, Monday, December 9, 2013. The signatory organizations, members of the International Coalition of Human Rights Organizations in the Americas that work at the forefront of the Inter-American System for Human Rights, along with other allied organizations, express their concerns and denounce the Ecuadorian government’s arbitrary closure of the Fundación Pachamama.

This declaration is added to the other declarations made by numerous organizations and more than 9,000 people around the world who have signed the Avaaz petition rejecting the Ecuadorian government’s measure.

On December 4, 2013, the police arrived at the offices of the Fundación Pachamama in the city of Quito and proceeded to close the facilities of the organization and informed them of a Resolution of the Ministry of the Environment to dissolve the organization.

This decision was made in an arbitrary manner, in just one day, without following minimal rules of due process of law.

The Ministry invoked Article 26 of the Rules of Operation of the Unified Information System of Social and Citizen Organizations, known as Decree 16, in which grounds for dissolution are defined as, “deviating from the aims and the objectives for which it was created,” and, “engaging in partisan political activities, reserved for the political parties (…), of interference in public policy that threatens the internal or external security of the State, affecting the public peace.”

The Ministry of the Environment indicates that these grounds for closure apply to the la Fundación Pachamama for having participated in a demonstration against the XI Oil Round in which aggressive acts against international authorities supposedly occurred. However, the decision fails to offer any supporting evidence. Fundación Pachamama, which participated in the protest against the XI Oil Round, has categorically denied its participation in any violent act. The closure of the organization is perceived as an act of retaliation for its position.

The issuance of Decree 16 was questioned by many civil society organizations.  In fact, the decree faces many constitutional challenges not only because of the questionability of its dispositions, but also for the high margin of discretion that it leaves regarding the treatment of the civil society organizations. In this sense, its application to this particular case likewise constitutes grave errors of law. The decision was taken without having an administrative proceeding opened against the organization, without previously informing the organization of the accusations and giving them the opportunity to challenge the accusations, and without presenting factual and evidentiary support for the allegations.

We remind the State of Ecuador, in accordance with the “United Nations Declaration on Human Rights Defenders”, that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms.”

The Inter-American Commission on Human Rights has advised that States must guarantee that the authorities responsible for the registration and dissolution of organizations do not have, “broad discretion or provisions containing vague or ambiguous language that might create a risk that the law could be interpreted to restrict the exercise of the right of association.”

Therefore, we express our concern and strongly request that the Ecuadorian State reconsider its decision and ensure that the Fundación Pachamama can continue with its work in defense of human rights and the environment as soon as possible, with the appropriate conditions for it.